Standing Strong for Native Families
A website from the Native American Rights Fund
On October 5, 2026, the U.S. Supreme Court declined to hear N.R. v. Ellison. Court documents on the Tribal Supreme Court Project website Questions presented: History: Petition was filed 5/4/2026. Petition was denied 10/5/2026. Ruling below: In the matter of the welfare of the children of L.K.
Dakota County, Minnesota, is celebrating the opening of a new court Tuesday with a specific focus on Indigenous communities. County officials say the Indian Child Welfare Act Court was established in the effort of building trust with tribal nations by ensuring decisions concerning Indigenous children are made with cultural understanding and respect. Read the full … Read more
Read the full opinion at the National Indian Law Library.
Read the full opinion at the National Indian Law Library.
The Minnesota Supreme Court has ruled in the case of two white foster parents that they do not have standing to argue the bedrock Indian Child Welfare Act violated their constitutional equal protection rights. The federal law known as ICWA, and a state version of the law, prioritizes tribal children’s connection to kin. Read the full story … Read more
Four decades ago, Minnesota created some of the strongest protections in the country to stop the practice of separating Native children from their communities when they are placed in foster care. But in practice, families and advocates across the state say those protections erode quickly when resources are stretched thin, services are miles away, or … Read more
Amid drums, smudging and chants to “bring our children home,” supporters of the Indian Child Welfare Act gathered early this morning outside the Minnesota Capitol building, as the state’s highest court considered the latest legal threat to the bedrock 1978 law. Read the full article at the Imprint’s website.
Read the full opinion at the National Indian Law Library.
The state law was intended to address shortcomings in the federal Indian Child Welfare Act of 1978. Read the full article at the MinnPost website.
Read the full opinion at the National Indian Law Library website.
Black children are twice as likely as white kids to be removed from their parents. For Native American kids, the disparities are even more stark. Read the full article at the StarTribune website.
A case now before the Minnesota Court of Appeals revives debate over the nation’s 1978 Indian Child Welfare Act and a local version of the law — alleging that the legal statutes protecting Indigenous children, families and tribes racially discriminate against white foster parents. Read the full article at The Imprint.
To help participants understand why ICWA is so important, the training focuses first on what Littlewolf calls “heart work — understanding the historical trauma, the correct history of Indigenous families.” Read the full article at Minnesota Public Radio News.
Uncertainty about the future of ICWA brought urgency to legislative efforts this year to strengthen the Minnesota Indian Family Preservation Act or MIFPA. Lawmakers in both houses passed the legislation and Governor Walz is expected to sign it. “MIFPA legislation creates basically the gold standard of protection for our native kids,” said State Senator Mary … Read more
Now 18, Carlisle was placed into the foster care system as an infant and adopted when she was a child, but one box checked on her foster care and adoptive records identify her as African-American. There’s no mention of her Native roots, meaning the state doesn’t legally recognize her status.She’s spent the last two years … Read more
Another way that ICWA differs from conventional child welfare laws is that it mandates “active efforts” to keep children with their families or tribe. In most regular child protection cases, social-service workers are obligated to provide “reasonable efforts” to help parents and children reunify, such as offering lists of treatment facilities, therapists, affordable-housing agencies or … Read more
Despite these challenges, Native American adoptees continue to lead a resilient fight both inside and outside the child welfare system to address disparities, often by providing support systems and advocates beyond what county or state governments offer families. And Native-led organizations hold the government accountable, ensuring that agencies and courts properly uphold ICWA and honor … Read more
A Glendive woman is suing the Bureau of Indian Affairs for $1 million over a 2015 child custody dispute that pitted state and tribal courts against each other. Patsy Fercho, 64, fled to the Northern Cheyenne Reservation in 2015 with her two grandchildren in an attempt to avoid a Minnesota court’s order granting custody to … Read more
Two non-Indian parents filed a lawsuit in federal court to stop the state of Minnesota from transferring Indian child custody cases to tribes. Read the full article at Indianz.com.
Two years ago, Tarnowski attended a training in Duluth given by the National Child Welfare Resource Center on Legal and Judicial Issues. Stories of historical trauma that have helped lead to that disparity, and also what led to the creation of the Indian Child Welfare Act, were shared, Tarnowski said, creating “a little fire in … Read more
With the number of American Indian children in Minnesota foster care reaching “unacceptable” levels, the state pledged Thursday to spend $400,000 over the next three years to reduce those numbers. The announcement comes after a Star Tribune report found that Minnesota has more Indian children in foster care than any other state, including those with … Read more
UMD’s Center for Regional and Tribal Child Welfare Studies, which is part of the Department of Social Work, will serve as the grant’s lead organization and will work with six other organizations including courts, child welfare agencies, and tribes, to determine the most successful methods to help children and families. Read the full announcement at … Read more
Minnesota has more American Indian children in foster care than any other state, including those with significantly larger Indian populations, according to a Star Tribune analysis of federal and state data. Less than 2 percent of children in Minnesota are Indian, but they make up nearly a quarter of the state’s foster care population — … Read more
Doe and Doe v. Jesson 2015 WL 4067170 Civil No. 15–2639 (JRT/SER) United States District Court, D. Minnesota Signed July 2, 2015. Legal Topics: Adoption, Indian Child Welfare Act – Notice, Tribal Enrollment Read the full decision at the National Indian Law Library website.
A local Native American couple wishing to place their newborn with a non-native family has filed a federal lawsuit challenging the constitutionality of Minnesota’s adoption law, which they say could hinder their ability to make that decision. Read the full article at the Duluth News Tribune website.
State, county, and tribal leaders from Minnesota gathered at Fortune Bay Resort Casino on Thursday [Sept. 25] to talk about what they are calling a crisis of Indian children. Native Americans account for one percent of Minnesota’s population. However, Native American children are four times more likely to live in poverty than the state’s … Read more
Federal officials got a firsthand look at one deteriorating Native American school in Minnesota Tuesday–they said it’s one of many suffering similarly throughout the country. After touring Bug-O-Nay-Ge-Shig School in Bena, Minnesota, Secretary of Interior Sally Jewell said it’s just one example of how the country is letting down it’s Native American students. Read the full article and … Read more
Here is text from the 2014 Advisory Committee regarding ICWA from the Turtle Talk blog. “With respect to [Rule 34.03] subdivision 1(j) and (l), in cases where the application of the Indian Child Welfare Act (ICWA) is unclear, such as when it is not yet known whether the child is or is not an Indian … Read more
White Earth tribal officials are preparing to begin the final phase of transferring human services cases from surrounding counties to the White Earth Nation. The movement began three years ago when a state law authorized White Earth to take control of all human services programs for its members and their families. See the full article … Read more
The American Bar Association Commission on Domestic & Sexual Violence, in collaboration with the United States Department of Justice (DOJ), Office on Violence Against Women, is pleased to present a two-day training, The Fundamentals of Representation of Victims of Domestic & Sexual Violence from Tribal Communities, on May 15-16, 2014 in Minneapolis, MN. This interactive, … Read more
At 45.5 percent, Minnesota has the lowest on-time high-school graduation rate for its Native American students of any state in the country. Though acknowledging that hard truth, a new report by the Minnesota Campaign for Achievement Now (MinnCAN) reflects hope. Read more at the Twin Cities Daily Planet website. Related stories: All Nations program at … Read more
One of Father Jerry’s immediate dreams was to establish a mobile computer lab where students can improve their reading and math skills, prepare and take standardized tests and learn about the world beyond the reservation. During his visit to Immaculate Conception Parish, he was presented with a check for more than $15,000 in donations. This … Read more
The North Dakota Department of Human Services offers a variety of forms for social work professionals, tribal workers, attorneys, and others dealing with adoptions or placements involving American Indian children. You can find the following forms (with descriptions) on their website at http://www.nd.gov/dhs/triballiaison/forms/ : Summary of ICWA Jurisdictional Provisions Notice Pursuant to ICWA Request for … Read more
Organized by the National Indian Child Welfare Association, this is a professional development workshop series designed specifically for American Indian child welfare workers in reservation, urban, and rural settings. It will be held in Minneapolis, MN on March 18-19, 2013. Learn more and register at http://www.nicwa.org/training/institutes/MinneapolisWorkshops.asp. This session will include the following three units: Positive … Read more
The Guide is intended to answer questions and provide a comprehensive resource of information on the Indian Child Welfare Act (ICWA). The online version at http://www.narf.org/icwa was created as a complement to the print version of the Guide, which was printed by the Native American Rights Fund in 2007. While the topical sections are identical … Read more